Cuckoo Smurfing: Special Leave Granted in both Lordianto and KalimuthuPOCA
Lordianto and Kalimuthu are factually similar matters. Both involve cuckoo smurfing victims. In both cases the Australian Federal Police restrained (froze) the bank accounts of the applicants, Lordianto, and Kalimuthu, under the Proceeds of Crime Act 2002 (Cth) despite not alleging any criminality by Lordianto or Kalimuthu. On 22 March 2019 both Lordianto and Kalimuthu were granted special leave to appeal to the High Court.
AFP v Ganesh Kalimuthu: Another Cuckoo Smurfing victim loses under the Proceeds of Crime Act 2002Confiscations & Proceeds of Crime, POCA
The WA Court of Appeal has handed down an extensive decision in the matter of AFP v Ganesh Kalimuthu. The WA Court of Appeal found that it was bound to follow the decision of the NSW Court of Appeal in AFP v Lordianto. Accordingly, the Commissioner of the AFP was successful on appeal. I provide a summary of the judgment.
Lordianto v Commissioner AFP: Cuckoo Smurfing victim loses appeal under the Proceeds of Crime Act 2002POCA
In Lordianto v The Commissioner of the Australian Federal Police the Court of Appeal found in favour of the AFP and against the cuckoo smurfing victims. This decision has implications for numerous other matters before the courts across Australia involving alternative remittance and structured deposits.
Proceeds of Crime: Interaction with Insolvency and TaxationConfiscations & Proceeds of Crime
The Proceeds of Crime and Criminal Property Confiscation Acts may affect the administration of personal bankruptcies and insolvent companies. There will often be a tax component to this. There are a smattering of statutory provisions that are not entirely consistent, as well as a number of gaps in the legislation. The interaction of proceeds of crime legislation, tax and insolvency should be carefully considered by practitioners.
Innocently acquired inheritance confiscated under the Criminal Property Confiscation Act 2000CPCA
The scope of the Criminal Property Confiscation Act 2000 (WA) is broad. All property owned by a person declared a drug trafficker is liable to be confiscated. This includes a beneficial interest in a deceased estate, even where the property of the deceased was acquired legally.
Corruption and Crime Commission given Unexplained Wealth powersCPCA
Legislation has passed in Western Australia to give the Corruption and Crime Commission the power to investigate and litigate Unexplained Wealth matters under the Criminal Property Confiscation Act (WA).
Using frozen money to pay defence legal feesCPCA
It is well established that property frozen under the Criminal Property Confiscation Act is able to be released to fund legal or living expenses. However, WA DPP practice over the last 10 years has been to deny requests to release funds frozen under the CPCA crime-used or crime-derived grounds. I successfully argued in the District Court that property frozen on these grounds could still be released for such expenses.
National Cooperative Scheme on Unexplained WealthConfiscations & Proceeds of Crime, POCA
The Unexplained Wealth Legislation Amendment Bill 2018 proposes a ‘National Cooperative Scheme on Unexplained Wealth’. In this article I address the utility of this scheme and raise some issues with its proposed operation.
Literary Proceeds: Will Schapelle Corby lose another interview fee to Proceeds of Crime laws?POCA
Convicted drug trafficker and personality Schapelle Corby has given an interview to Australian magazine Women’s Day. This interview, purportedly about her future and not her past offence, is due to be published March 2018. But can the interview fee still be confiscated as Literary Proceeds under Proceeds of Crime laws?
Criminal Property Confiscation Act WA: Jurisdictional limitsCPCA
How should the value of frozen property be calculated for purposes of the jurisdictional limits of the Magistrates’ Court (and by extension, the District Court)? The correct calculation has been held to be based on the total value of the frozen property; contrary to previous practice.